LEGAL
Lahore High Court (LHC) Chief Justice Aalia Neelum on Friday overturned the decisions of deputy commissioner-led committees that had granted possession of disputed properties to individuals in 10 districts of Punjab, declaring that such committees had acted beyond their legal authority.
The chief justice issued the ruling while hearing petitions challenging the Punjab Protection of Ownership of Immovable Property Act, 2025, under which deputy commissioner-led dispute resolution committees (DRCs) were empowered to decide property possession cases.
During the proceedings, Justice Neelum observed that commissioners and deputy commissioners had no authority to remove or restore possession of immovable property, especially when the matter was already pending before civil courts. She regretted that despite ongoing litigation, deputy commissioners issued possession orders, calling the practice unlawful.
“If patwaris had performed their duties properly, these issues would not have arisen,” the chief justice remarked, rejecting claims that civil litigation remained pending for excessively long periods. She asserted that the judiciary was fully aware of case pendency and questioned how many laws the government intended to sideline in the process.
A citizen from Depalpur, who had obtained possession of property under the new law, also appeared before the court. The chief justice ordered him to relinquish possession immediately. His counsel conceded that the deputy commissioner-led committee had exceeded its authority, prompting Justice Neelum to observe that action could be initiated against committee members for acting unlawfully.
When the lawyer argued that people turned to such committees due to delays in the judicial system, the chief justice firmly rejected what she described as “sensational statements meant for newspaper headlines.” She clarified that the core issue before the court was not ownership of the property, but whether deputy commissioners had the legal authority to decide such disputes.
The LHC suspended the enforcement of all possession orders issued by the DRCs and referred the petitions to a full bench, which is yet to be constituted, for further hearing.
Petitioners including Rana Saleem Latif and Muhammad Ali had approached the court against DRC decisions in 10 districts. Earlier, on December 22, Chief Justice Neelum had suspended the operation of the Punjab Protection of Ownership of Immovable Property Ordinance, 2025, announcing that a full bench would hear the matter.
The decision triggered political debate, with Punjab Chief Minister Maryam Nawaz Sharif expressing reservations, claiming the suspension would benefit land grabbers and encroachment mafias. Provincial ministers and treasury members also defended the law in the Punjab Assembly.
However, bar councils across political lines endorsed the LHC’s stance. Pakistan Bar Council Vice Chairman Chaudhry Tahir Nasrullah Warraich stated that the law undermined the jurisdiction of revenue officials and unlawfully empowered assistant commissioners beyond their mandate.